Development Studio Africa Private Limited v Paza Buster Commodity Brokers & 3 Ors

SC 54/24

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Case Details

Court

Supreme Court

Date

31 May 2024

Citation

SC 54/24

Neutral Citation

[2024] ZWSC 54

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

BHUNU JAKUDYA JAMWAYERA JA

Areas of Law

Administrative lawPlanning lawLocal government law

Keywords

Funeral parlorChange of usePermitLocal planning authorityDelegation of powersAudi alteram partem

Key Issues

{"issue_text":"Whether the second respondent had jurisdiction to grant the permit","issue_type":"legal","dispositive":"yes","related_facts":"Second respondent is Environmental Management Committee, not Local Planning Authority; No evidence of delegation"}
{"issue_text":"Whether the first respondent had locus standi to institute proceedings","issue_type":"legal","dispositive":"no","related_facts":"First respondent owns adjacent stands; Properties are near appellant's stands"}
{"issue_text":"Whether the audi alteram partem principle was violated","issue_type":"procedural","dispositive":"no","related_facts":"Objections were lodged but not properly considered; No reasons given for permit grant"}

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background

Facts of the Case

Background

The appellant applied for a permit to establish a funeral parlor on its industrial stands. The second respondent (Environmental Management Committee) granted the permit, which decision was reviewed by the High Court following objections from adjacent property owners. The High Court set aside the permit on grounds of lack of jurisdiction and procedural unfairness.

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